Gakuo v Bomet University College (Petition E008 of 2025) [2025] KEELRC 2282 (KLR) (31 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2282
- Citation
- [2025] KEELRC 2282 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeDisciplinary vs Criminal ProceedingsPosturePetition for Judicial ReviewCoramJ RIKA
The criminal process and disciplinary process are distinct, and the Respondent was not obligated to take no disciplinary action based on the Petitioner's plea of not guilty in the criminal trial.
Facts
The Petitioner, Dr. Joseph Kariuki Gakuo, is a Senior Lecturer at Bomet University College. He faces criminal charges in the Bomet Principal Magistrate's Court for alleged sexual offenses against a child. The Respondent, Bomet University College, issued a letter to show cause regarding disciplinary action based on these charges.
Issues
- The relationship between the criminal and disciplinary processes
- The presumption of innocence in criminal proceedings and its applicability to disciplinary actions
Reasoning
The criminal process is initiated by the State against criminal suspects, while the disciplinary process is initiated by an Employer against an Employee suspected of employment offenses. The evidential threshold in a criminal trial is 'beyond reasonable doubt', whereas Employers must prove employment offenses based on genuine belief.
Outcome
The Petition is well-founded and validly before the Court.
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